Active learning ideas
Resolving disputes is a practical and essential component of the legal system, covering both civil and criminal contexts. Students investigate the spectrum of dispute resolution, from informal methods like negotiation and mediation to formal adjudication in courts and tribunals. They also examine the role of state and federal police and other law enforcement agencies in maintaining social order and investigating breaches of the law.
Activity 01
Divide the class into two groups. One group attempts to resolve a noise complaint through a structured mediation session, while the other group 'argues' the same case in a formal court setting. They then compare the time, cost, and emotional outcomes.
What are the benefits of alternative dispute resolution?
Activity 02
Set up stations for the NSW Police, Australian Federal Police (AFP), and Australian Border Force. At each station, students review a 'power card' (e.g., power to search, power to detain) and match it to a specific legal safeguard designed to prevent abuse.
How do tribunals differ from courts?
Activity 03
Groups research a specific tribunal (e.g., NCAT) and a specific case it handled. They must explain why this matter was better suited for a tribunal than a court, focusing on factors like speed, cost, and informality.
What are the powers of state and federal police?
A few notes on teaching this unit
Watch Out for These Misconceptions
Police have the power to do whatever is necessary to catch a criminal.
Police powers are strictly limited by legislation like the Law Enforcement (Powers and Responsibilities) Act (LEPRA). They must follow specific procedures for arrests, searches, and questioning. A 'know your rights' workshop helps students understand these legal boundaries.
Alternative Dispute Resolution (ADR) is always the best option.
ADR is not suitable for all cases, especially where there is a significant power imbalance (like domestic violence) or where a legal precedent needs to be set. Peer discussion of 'when to go to court' helps students identify the limitations of ADR.
Methods used in this brief
Rights and Responsibilities
Identify the types of rights individuals possess, including constitutional, statutory, and common law rights. Explore the corresponding legal and social responsibilities of citizens.
8 methodologies
The Individual and Technology
Analyse the impact of emerging technologies on individual rights and the legal system. Evaluate the difficulties in enforcing laws and protecting privacy in the digital age.
8 methodologies